Detailed Exchange Information
• Aircraft
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• Cooperation Language & Forms
• Real Property Exchanges
• Personal Property Exchanges
• General Provisions
Cooperation Language & Forms
Contract Language for 1031 Tax-Deferred Exchanges
- When the Seller is the exchanging party, add the following language in the "Additional Provisions" section:
"BUYER AGREES TO COOPERATE IN AN IRC SECTION 1031 EXCHANGE BY SELLER AT NO COST OR LIABILITY TO BUYER INCLUDING, WITHOUT LIMITATION, THE ASSIGNMENT OF SELLER'S RIGHTS, BUT NOT SELLER'S OBLIGATIONS, UNDER THIS CONTRACT ON OR BEFORE CLOSING TO SELLER'S QUALIFIED EXCHANGE INTERMEDIARY, NATIONAL 1031 EXCHANGE SERVICE."
- When the Buyer is the exchanging party, make the contract in the name of "[Buyer's Name] and/or Assigns" and add the following language in the "Additional Provisions" section:
"SELLER AGREES TO COOPERATE IN AN IRC SECTION 1031 EXCHANGE BY BUYER AT NO COST OR LIABILITY TO SELLER INCLUDING, WITHOUT LIMITATION, THE ASSIGNMENT OF BUYER'S RIGHTS, BUT NOT BUYER'S OBLIGATIONS, UNDER THIS CONTRACT ON OR BEFORE CLOSING TO BUYER'S QUALIFIED EXCHANGE INTERMEDIARY, NATIONAL 1031 EXCHANGE SERVICE. SELLER FURTHER ACKNOWLEDGES AND AGREES THAT, AT BUYER'S REQUEST, BUYER'S EARNEST MONEY DEPOSIT SHALL BE REFUNDED TO BUYER BY SELLER AND REPLACED WITH AN EQUAL AMOUNT OF FUNDS FROM BUYER'S QUALIFIED EXCHANGE INTERMEDIARY AT ANY TIME AFTER ASSIGNMENT OF THIS CONTRACT TO BUYER'S QUALIFIED EXCHANGE INTERMEDIARY."
THIS LETTER SHOULD NOT BE CONSTRUED AS PROVIDING TAX OR LEGAL ADVICE. IF TAX OR LEGAL ADVICE IS NEEDED, AN ATTORNEY, ACCOUNTANT OR OTHER QUALIFIED COUNSEL SHOULD BE CONSULTED.
